DUI Attorney in Arizona
A DUI charge can be overwhelming as these allegations can affect many facets of your life, including your job and driving privileges. A DUI conviction might also result in jail time, community service, and professional repercussions. Hiring an Arizona criminal defense lawyer could be the most important decision you make for your case.
If you have been charged with driving under the influence of alcohol or any drug, you need a skilled Arizona DUI lawyer to provide advice and relentless representation. A DUI lawyer can defend you against your driving under the influence charges. To preserve your rights, act quickly and consult a skilled attorney at Grand Canyon Law Group today.
For a free legal consultation with a dui lawyer serving Arizona, call 480-400-5555
TIME IS LIMITED FOR DUI CASES
If you are charged with DUI, your driver’s license will likely be automatically suspended. You have a total of 15 days following your arrest to apply for a hearing with the Arizona Motor Vehicle Department (MVD) to oppose the suspension of your driver’s license. We include this in our representation. Once we file for a hearing, your license will remain in good standing at least until we have a hearing at ADOT/ MVD.
The MVD hearing is a civil hearing that takes place separately from your criminal case and concerns the status of your driving privileges. It is your only opportunity to keep your license. Obtaining legal counsel as soon as possible is important in an Arizona DUI case, as it takes time for an attorney to prepare an effective defense.
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DO I NEED TO HIRE A LAWYER FOR MY DUI IN ARIZONA?
Some people wonder whether it really matters whether they have an attorney for their DUI. Or if they do, does it matter which lawyer they use. Some say, I know I’m guilty so what’s the point? Or, you’ve told me about all the penalties, isn’t it all decided already? NO! Here are a few thoughts:
DUIS ARE COMPLICATED
As described below, there are multiple moving parts to a DUI case. There is also a variety of ways and order of events that can occur. Without someone you can call and a proactive resource to tell you what to expect and what is happening along the way, this process will seem absolutely random and stress-filled.
MVD/ADOT
A “side-effect” of a criminal DUI charge is that MVD/ADOT initiates its own process and consequences that impact your ability to drive. For 95% of people, this is a devastating process. An attorney who helps you with this (not all of them do) will help minimize the chance of a suspension. If a suspension does occur, they can help manage the timing of it and avoid additional consequences such as an SR-22 restriction on your license that can occur if you do not handle it in the right way to avoid it. SR-22 is a requirement on your license that you carry high-risk insurance.
COURT PROCEDURE
Most misdemeanor courts allow us to appear on behalf of our clients. DUI’s do not get resolved at the first hearing. It generally takes about 4 hearings, sometimes more and sometimes less. Having a skilled Arizona DUI attorney means you will likely have to show up one time when the DUI case is ready to resolve, saving you many hours. In addition, the right attorney will keep you informed throughout the process, decreasing the stress and anxiety that comes when you have no idea what is happening in your case.
The court is complicated in general. But the nature of DUI is even more so. This is due, partially, on the use of chemical tests (blood or breath) to prove the case. These are often not available right away and can cause delays and confusion for those that do not know what is happening. Some mistakenly believe the charge has gone away, and often people end up with bench warrants for their arrest when the case is later charged. We help clients whose charges are pending to ensure this does not happen. This also causes confusion since the MVD/ ADOT suspension process may be going forward while the criminal case is not.
AFTER THE CASE
If there is any kind of conviction of DUI, there is a long list of requirements to complete. And again, it is confusing. Many people fail to complete them simply because they do not know the process. So even after the case is complete, we assist our clients to help them ensure they move on as smoothly and quickly as possible.
MAKING INFORMED DECISIONS
Those who represent themselves in a DUI have no idea if they are making good decisions about how to resolve the case. They are not aware of the MVD consequences of how they resolve their criminal case. They generally are not aware of the viability of other options, such as trial or a substantive motion to suppress or dismiss and no way to fight it. They have no real leverage by saying they will go to trial. Not only does making informed decisions lead to better outcomes, but it decreased the stress and uncertainty of the process, as well as the frustration of consequences down the road that were unexpected.
OUTCOME
The outcome in a DUI case is not a foregone conclusion. There are defenses to be made, mitigation to be presented, and at the very least some benefits to be scratched and fought for so that the impact to your life is as minimal as possible. When you hire GCLG for your Arizona DUI case, you will know that the outcome was the best possible outcome. Every stone was turned, every argument made.
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DUI CHARGES IN ARIZONA
In Arizona, there are several different types of DUI. These charges range from a misdemeanor to a felony. Most DUI’s are misdemeanors. But if a DUI is charged and the State believes the person’s license was suspended at the time of the DUI, it will often be charged as a felony.
Some other conditions that can cause it to be charged as a felony is if there is a child in the car at the time, if the person has 2 DUI convictions in the previous 7 years, or if the person was driving in violation of an ignition interlock requirement. The Arizona State legislature has also added a category where they can charge it as a felony if a DUI is committed, and the person is driving the wrong way or on the wrong side of the road.
The amount of alcohol or drugs in a person’s body will not cause the case to be charged as a felony.
A DUI is charged as a misdemeanor if:
- The offender has had zero or one prior DUI within the last seven years
- Their driver’s license was neither suspended nor restricted
- There was no major injury accident
- There was no child in the vehicle who is under the age of 15
- They were not driving the wrong way down a highway
However, misdemeanor DUI offense consequences can quickly escalate for prior convictions or higher blood alcohol levels. It is crucial for those facing any type of intoxicated driving accusation to consult a knowledgeable attorney at our firm about the specifics of the charges against them.
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PENALTIES FOR DUI CONVICTIONS
Under ARS 28-1381, a first-time DUI offense could lead to ten days in jail, approximately $2,000 in fines and fees, license suspension, and required enrollment and completion in drug and alcohol classes. An alcohol DUI conviction also necessitates installing an alcohol interlock device in one’s vehicle for six to eighteen months.
A convicted motorist faces 30 days to 6 months in jail and mandatory enrollment in drug and alcohol classes for a second DUI within seven years. Additionally, a second DUI conviction will result in a one-year license suspension, elevated fines of $3,000 to $5,000, and an interlock ignition device on their vehicle.
A third conviction in 7 years can be charged as a felony. The defendant faces a minimum of four months in prison, a one-year license suspension, and extensive fines. This is also in addition to the interlocking ignition device placed in their vehicle.
These are the mandatory minimums under the law. There are defenses and work that your attorney can do to reduce the charges and penalties. When the potential penalties are this severe, it is essential that those accused of driving under the influence seek counsel from an experienced Arizona DUI lawyer.
Potential Defenses Against a DUI Arrest
Being arrested for a DUI in Arizona can be a devastating experience, and you may believe that you have no options for a defense. Sometimes, being arrested can feel frightening and hopeless. With the help of an experienced DUI defense lawyer, though, it doesn’t have to be. You always have the opportunity to defend yourself, and your DUI lawyer can establish a strong defense strategy that could possibly work out in your favor.
Here are some potential defenses that your attorney could use:
Reasonable Suspicion
Law enforcement officers cannot just pull over any car that they wish whenever they feel like it, at least not legally. They need to establish a degree of reasonable suspicion that the driver they seek to pull over has actually broken a law. Once you are pulled over, if the police then believe that you may be drunk, they can start investigating a possible DUI.
However, if you were initially stopped for no good legal reason and the police have no reasonable suspicion, any evidence that was gathered during that stop may be inadmissible under Arizona’s exclusionary rule. This can be a valid defense, which your lawyer could use to fight your charges.
Constitutional Violations
When you are pulled over by the police, you are granted certain constitutional rights that cannot be violated by law enforcement. These rights include the right to remain silent, which you are allowed to invoke whenever you wish. You are not legally obligated to say anything to the police. Another right is your right to a lawyer, which you can request at any point during your arrest.
When you request a lawyer, the police are supposed to stop questioning you and wait for the arrival of your lawyer. However, that doesn’t always happen the way it’s supposed to. If the police ignore your request for counsel and continue to press you for information or get you to admit you committed a crime, this can be an obvious violation of your constitutional rights. It could even result in all your driving under the influence charges being dismissed.
Inaccurate Breathalyzer
Upon being pulled over for a suspected DUI, you will likely be asked to take a breathalyzer test to determine your blood alcohol content (BAC). A breathalyzer measures the amount of alcohol in your breath to provide an accurate reading of your level of intoxication. It’s not a perfect test. In fact, it has been known to give out inaccurate readings due to improper training, faulty equipment, or even various medical conditions.
Probable Cause
It is one thing to get pulled over on suspicion of drunk driving. It is another thing entirely to be arrested for a DUI. Upon being pulled over, the police can only arrest you if they have probable cause that you are drunk. If the police are unable to prove your intoxication, it can cause irreparable damage to the charges against you.
For a DUI arrest to be legal, the police must be able to prove your intoxication through a BAC test, indications of erratic driving, or even a proven smell of alcohol on your person. If there is no way for them to prove that they had probable cause, it can help your case.
Bad Field Tests
Generally, there are three field sobriety tests used to test potentially intoxicated drivers in Arizona:
- The walk-and-turn test
- The one-legged-stand test
- The horizontal gaze test
These tests can help police officers determine a suspect’s intoxication level. If these tests are administered incorrectly, they can result in incorrect findings. A DUI attorney can use an improperly administered field sobriety test as evidence to support your defense.
Arizona DUI Law FAQs
Q: What Should I Do If I Have Been Pulled Over?
A: If you are ever pulled over for a suspected DUI, the most important thing you can do is comply with police and be respectful. If you choose, you can invoke your right to remain silent and say nothing apart from requesting your lawyer. You may feel awkward or even scared to refuse to answer a police officer, but it may be vital to your case that you say nothing and continue to request a lawyer.
Q: Can a DUI Be a Felony Charge?
A: Yes, in some cases, a DUI can end up being a felony charge. Generally, a DUI is a misdemeanor. However, when certain factors are present in your case, it can become a felony. Those factors include a suspended driver’s license, a minor being in the vehicle, or an accident that results in bodily harm or someone’s death. It will largely depend on the circumstances of your case.
Q: What Is an Ignition Interlock Device?
A: An ignition interlock device, or IID, is a device that is installed in your car as part of your punishment for a DUI conviction. It is intended to deter future instances of drunk driving. It prevents you from starting your vehicle without first breathing in a fresh, non-alcoholic breath sample into the device. If you provide a sample with alcohol on your breath or start the car without breathing into it at all, it will log the instance, and an alarm may go off.
Q: Will I Lose My License If I’m Convicted in AZ?
A: If you are convicted of a first offense DUI, you will likely have your driver’s license suspended for at least 90 days and possibly for a year. If you are charged with subsequent offenses in the future, you may face a one-year license suspension. In certain aggravated cases, you may see your license revoked for good.
CONTACT AN ARIZONA DUI LAWYER FOR HELP WITH YOUR CASE
DUI cases are complicated and can have life-altering repercussions. The effects on driving privileges, risk of jail, fines and probation all make it difficult to maintain employment and threatens your reputation. Even worse, a jail sentence threatens your freedom and entire way of life. A criminal conviction can also negatively affect your future employment and finances.
It is important that you retain experienced counsel who can fight the charges against you. A DUI conviction can have irreparable consequences for your future. If you do not take the proper steps to protect yourself, the penalties could be severe. An experienced DUI lawyer can build a viable defense strategy.
The legal team at Grand Canyon Law Group can provide you with peace and reassurance while handling your case, gathering the necessary evidence, and ensuring that you are never taken advantage of by law enforcement.
However, you do not have to fight these charges on your own. At the Grand Canyon Law Group, our Arizona DUI lawyers can provide seasoned counsel and relentless defense to protect your way of life. We are former DUI prosecutors who know how to fight the case for the best outcome and guide you through the process. Call our office as soon as possible to get started on your case.
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